N.D. Cent. Code § 14-09.4-06

Current through 2023 Legislative Sessions
Section 14-09.4-06 - Verified petition
1. A nonparent shall verify a petition for custody or visitation under penalty of perjury and allege facts showing the nonparent:
a. Meets the requirements of a consistent caretaker of the child; or
b. Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child.
2. A petition under subsection 1 must state the relief sought and allege specific facts showing:
a. The duration and nature of the relationship between the nonparent and the child, including the period the nonparent lived with the child and the care provided, if any;
b. The content of any agreement between the parties to the proceeding regarding care of the child and custody of or visitation or other contact with the child;
c. A description of any previous attempt by the nonparent to obtain custody of or visitation or other contact with the child;
d. The extent to which the parent is willing to permit the nonparent to have custody of or visitation or other contact with the child;
e. Information about compensation or expectation of compensation provided to the nonparent in exchange for care of the child;
f. Information required to establish the jurisdiction of the court under chapter 14-14.1;
g. The reason the requested custody or visitation is in the best interest of the child, applying the factors in section 14-09.4-11; and
h. If the nonparent alleges a substantial relationship with the child, the reason denial of custody or visitation to the nonparent would result in harm to the child.
3. If an agreement described in subdivision b of subsection 2 is in a record, the nonparent shall attach a copy of the agreement to the petition.

N.D.C.C. § 14-09.4-06

Added by S.L. 2019, ch. 131 (SB 2051),§ 1, eff. 8/1/2019 and applicable to a proceeding commenced before 8/1/2019 in which a final order has not been entered and to a proceeding commenced on or after 8/1/2019.